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Pennsylvania Product Liability October 1, 2017
In this product liability action against the manufacturer of a prosthetic implant system, the plaintiffs asserted, among other things, a strict liability claim for manufacturing defect. The defendant filed a motion to dismiss, arguing the plaintiffs...,   Case Law Alerts, 4th Quarter, October 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide...
Delaware Workers' Compensation October 1, 2017
The Delaware Supreme Court remanded this case so the employer could present additional evidence of whether it could meet the burden of showing that jobs were actually available to the claimant, an undocumented worker. Evidence was presented on the..., Case Law Alerts, 4th Quarter, October 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
New York Retail Liability October 1, 2017
The Appellate Division, First Department affirmed summary judgment to the restaurant Olive Garden. The plaintiff tripped and fell in the parking lot outside the restaurant. She tripped on two to three decorative stones that were used in landscaping...,   Case Law Alerts, 4th Quarter, October 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide...
Delaware Workers' Compensation October 1, 2017
The issue before the Delaware Superior Court was whether the Board erred in denying the claimant’s request for reimbursement of his medical expert’s witness fee. On appeal, the court held that the Board correctly identified the issue and..., Case Law Alerts, 4th Quarter, October 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
New Jersey Health Care Liability October 1, 2017
The plaintiff appealed a jury verdict in favor of the defendant in a malpractice action against her gastroenterologist. At trial, the plaintiff contended her gastroenterologist was negligent in the performance of a colonoscopy. On appeal, the...,   Case Law Alerts, 4th Quarter, October 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide...
Delaware Workers' Compensation October 1, 2017
The claimant commuted all benefits with the exception of medicals, for which he continued to receive pain management care. The employer challenged this treatment through the Utilization Review process and, specifically, the continued use of opioid..., Case Law Alerts, 4th Quarter, October 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Florida Health Care Liability October 1, 2017
In 2014, the Florida Supreme Court held that caps on non-economic damages in medical malpractice actions violate the equal protection clause and are unconstitutional. Estate of McCall v. United States, 134 So. 3d 894 (Fla. 2014). However, that...,   Case Law Alerts, 4th Quarter, October 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide...
New Jersey Workers' Compensation October 1, 2017
As to the testimony of the petitioner’s and the respondent’s medical experts, the Judge of Compensation found that, despite a finding of over 100 percent disability on a combined basis, the petitioner’s expert’s report..., Case Law Alerts, 4th Quarter, October 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Pennsylvania Appellate Advocacy and Post-Trial Practice, Environmental & Toxic Tort Litigation October 1, 2017
This suit, on behalf of a class suffering from different kinds of cancer, asserted that the defendants’ facilities permitted harmful radiation to be emitted to the surrounding environment where the class members lived. The Third Circuit affirmed...,   Case Law Alerts, 4th Quarter, October 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide...
New Jersey Workers' Compensation October 1, 2017
The petitioner filed an occupational claim with the Division of Workers’ Compensation alleging exposure to extreme occupational stress for the period from 2006 through 2014, resulting in injury to his low back. He filed a simultaneous Motion..., Case Law Alerts, 4th Quarter, October 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...

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